"Executive"
In a democracy, the government is divided into three organs:-
Legislature
Judiciary
executive
️ Executive :-
It is that part of the government that implements the rules and regulations in the organization on a daily basis.
The part of the government that implements rules and regulations and does the work of administration is called the executive. The executive is responsible for implementing the policies and laws approved by the legislature.
The executive consists not only of the President, Prime Minister or Ministers, but also includes the entire administrative structure (members of the civil service).
️ Political Executive :-
The political executive consists of the head of the government and his ministers. They are responsible for all the policies of the government. Political officials are elected, not permanent.
️ Permanent Executive :-
The people who are responsible for the day-to-day administration are included in the permanent executive. These are civil servants like IAS, IPS etc.
️ Functions of the Executive :-
To implement the policies of the government and to implement the laws made by the legislative bodies.
The executive assists the government in the law making process.
The executive conducts relations with the states.
Executes various types of treaties and agreements.
In all countries, the head of the state is the supreme commander of the country's armed forces, but he does not participate in any war.
️ Types of Executive :-
Actual Executive (UK and India)
Nominal executive (PS of India and Emperor of Britain)
Single Executive ( PS of US )
Majority Executive (Switzerland)
Paternal executive (Great Britain) (by lineage)
Elected Executive (India and US)
Parliamentary Executive (UK and IN Germany, Italy, Japan, Canada)
Presidential Executive (US, Brazil, Latin America)
Semi-Presidential Executive (India, France, Russia, Sri Lanka)
️ Presidential system :-
In a presidential system, the President is the head of both the country and the government. In this system, the office of the President is very powerful both in theory and in practice. This system is found in many countries of America, Brazil and Latin America.
There is a presidential system in America and the executive powers are with the President.
️ Parliamentary system :-
In a parliamentary system, the prime minister is the head of the government, in this system there is a president or king who is the nominal head of the country. The prime minister has real power. This system is in place in countries like India, Germany, Italy, Japan, England and Portugal etc.
Germany has a parliamentary system in which the President is the nominal head and the Chancellor is the head of government.
Italy has a parliamentary system in which the President is the head of the country and the Prime Minister is the head of government.
Japan has a parliamentary system in which the king is the head of the country and the prime minister is the head of government.
Canada has a parliamentary democracy and a constitutional monarchy in which the Queen is the head of state and the prime minister is the head of government.
️ Semi-Presidential Arrangement :-
In the semi-presidential system, there is both the President and the Prime Minister, but in this, the President can get important powers in the conduct of daily affairs, there is a similar system in France, Russia and Sri Lanka.
Russia has a semi-presidential system in which the President is the head of the country and the Prime Minister appointed by the President is the head of government.
In France, the President and the Prime Minister are part of the semi-presidential system. The President appoints the Prime Minister and other ministers but cannot remove them as they are responsible to the Parliament.
️ Parliamentary System :-
The Prime Minister and his associates constitute the real executive.
The Prime Minister and his ministers are members of the Legislature.
The Council of Ministers is collectively responsible to the Legislature.
Lower house (Lok Sabha) by the President at any time. can be dissolved.
The cabinet can be removed at any time by a motion of no confidence in the house.
️ Presidential System :-
The President is the real head of the executive.
Ministers are not members of the Legislature.
The members of the cabinet are not responsible to the legislature.
The President cannot dissolve either House.
The Legislature has no right to pass a no-confidence motion in the cabinet.
️ Parliamentary Executive in India :-
The makers of our constitution wanted that the government should be such that it is sensitive and responsive to the expectations of the people, this was possible only in the parliamentary executive.
In this system in India, the President is the ceremonial head and the Prime Minister and the Council of Ministers run the government at the national level. At the state level, the Governor, the Chief Minister and the Council of Ministers together form the executive.
Formally the executive powers of the Union have been given to the President, but in reality, the President exercises these powers through the Prime Minister and the Council of Ministers.
Reasons for adoption of parliamentary system in India :-
Presidential executive lays a lot of emphasis on the powers of the President, due to which the person remains in danger of worship. The framers of the Constitution wanted a government that had a powerful executive, but at the same time it should have adequate restrictions on individual worship.
In a parliamentary system, the executive is responsible to the legislature or the people and is also controlled. Therefore, the constitution accepted the system of parliamentary executive both at the national and provincial levels.
️ President :-
The President is elected for 5 years, that too indirectly, by the elected MPs and MLAs. This election is held according to the system of proportional representation and the principle of single transferable vote.
The Parliament can remove the President from his office through the process of impeachment. Impeachment can be done only on the ground of violation of the constitution.
️ Power and position of the President :-
There is a ceremonial head: Although the President has many executive, legislative (law making), legal and emergency powers, but he exercises all these powers on the advice of the Council of Ministers.
️ Age and tenure for the election of President :-
The minimum age to contest the election of the President should be 35 years and the term of an elected President is 5 years. Any former president can run for re-election.
️ Presidential Prerogatives :-
Constitutionally, the President has the right to get information about all important issues and proceedings of the Council of Ministers.
1. Can return the Houses for reconsideration.
2. Delay in assent to bills passed by the Parliament by exercising veto power.
3. Decide who will become the Prime Minister at the time of many leaders' claims after the election.
The process of impeachment of the President :-
To remove the President from his office, he is impeached, this is done when the President commits any violation of the Constitution.
The impeachment motion of the President can be introduced in any House of the Parliament, whether it is Lok Sabha or Rajya Sabha.
🔹 require more than two-thirds majority in the House proposal. If this motion gets more than two-thirds majority in the house, then the charge against it is investigated by the other house.
🔹 President will depart from his position if other allegations in the House accepted the two-thirds majority.
Note :- "No President has been impeached till now".
After all, what is the need of the presidency?
In the parliamentary system, if there is no support, the council of ministers can be removed at any time, at such a time there is a need for a head of state whose term is permanent, who can symbolically represent the whole country.
The Vice President does all these things in the absence of the President.
️ Vice President of India :-
Elected for five years, just as the President is elected. He is the ex-officio Chairman of the Rajya Sabha and acts as the acting President in the event of the President's death, resignation, removal by impeachment or any other factor becoming vacant.
️ Procedure for removal of Vice President from his post :-
The Vice-President can be removed by a motion of the Rajya Sabha, provided that the motion is also accepted by the Lok Sabha. There is no provision for impeachment of the Vice President.
️ Election of Vice President :-
The Vice-President is elected by the system of single transferable vote. This election is different from the election of the President. In this, only both the houses of the Parliament participate, the legislatures have no role. The oath of office of the Vice President is administered by the President of India.
Functions and Powers of Vice President :-
The Vice-President acts as the House-husband of the Rajya Sabha.
He conducts the proceedings of the House as the Chairman of the Rajya Sabha.
On the death of the President, on the resignation of the President, on the absence of the President, on the removal of the President or on any prolonged illness, the Vice President can assume the office of the President.
️ Prime Minister and Council of Ministers :-
The Prime Minister is the leader of the majority party in the Lok Sabha. As soon as he loses the majority, he also loses his position.
The Prime Minister, the head of the Council of Ministers, decides who will be the ministers in his council of ministers. It is the Prime Minister who allocates the ranks and ministries of various ministers. That is why he is also the head of the Council of Ministers.
It is mandatory for the Prime Minister and all the ministers to be members of the Parliament. If a person becomes a minister or prime minister without being a member of parliament, he has to be elected as a member of parliament (either house) within six months.
What should be the size of the Council of Ministers :-
By the 91st amendment of the Constitution, it was provided that the number of members of the Council of Ministers should not exceed 15% of the total number of members of the Lok Sabha or the Legislative Assemblies of the states.
The Council of Ministers is collectively responsible to the Lok Sabha. This means the government which loses confidence in the Lok Sabha has to resign. This principle is based on the principle of unity of the cabinet. Its spirit is that if a no-confidence motion is passed against a single minister, then the entire council of ministers has to resign.
️ Prime Minister's Location :-
Paramount in Government: The Council of Ministers comes into existence only when the Prime Minister takes the oath of office. The entire Council of Ministers is dissolved by the death or resignation of the Prime Minister.
️ The axis of the Prime Minister's government :-
The Prime Minister acts as a bridge between the Council of Ministers on the one hand and the President and the Parliament on the other, he informs the President about the administration of federal affairs and proposed laws.
Sources of Power of Prime Minister :-
Control over the Council of Ministers.
Leadership of Lok Sabha.
Access to the media.
His personal rise during the election.
Image of the national leader in international conferences.
Hegemony over the officer class.
Image of the leader during foreign trips.
Pocket Box.
The powers of the Prime Minister have changed a lot due to the coalition governments. Since 1989, we have seen the era of coalition governments in India. Some of these governments could not remain in power even for the entire duration of the Lok Sabha. In such a situation, the office of the Prime Minister has not been as powerful as it is in a government with a majority of one party.
Changes in the powers of the post of Prime Minister :-
The role of the President has increased in the selection of the Prime Minister.
The tendency to consult political allies has increased.
The privileges of the Prime Minister have been curtailed.
Policies are made only after negotiation and agreement with allies.
️ Nature of the executive in the states :-
The states have a governor who is (on the advice of the central government) appointed by the president.
The Chief Minister is the leader of the majority party in the Legislative Assembly.
All the other principles are the same which is applicable due to the parliamentary system in the central government.
️ Permanent executive (bureaucracy) :-
The executive mainly consists of the President, Prime Minister, ministers and a large organization of bureaucratic or administrative machinery. It is also called civil service.
Trained and proficient officers working as permanent employees of the government in the bureaucracy assist the ministers in formulating policies and implementing them.
An efficient administrative machinery exists in India but this machinery is politically responsible which means that the bureaucracy is politically neutral. In a democracy, governments keep coming and going, in such a situation, it is the responsibility of the administrative machinery to help the new governments in formulating their policies and implementing them.
️ Election of the members of the bureaucracy :-
The bureaucracy includes all India services, provincial services, employees of local government and technical and managerial officers of public undertakings. The task of recruiting members of the Civil Services in India is entrusted to the Union Public Service Commission (U.P.S.C.).
️ Public Service Commission :-
Similar public service commissions have also been made in the states which are called State Public Service Commissions.
The tenure of the members of the Public Service Commission is fixed, they can be suspended or removed only on the basis of the inquiry conducted by the judge of the Supreme Court.
The appointment of public servants is done on the basis of skill and merit. The constitution has given opportunity to all sections of the society along with backward classes to become government bureaucracy, for this the constitution provides for reservation for Dalits and tribals.
️ Classification of Civil Services :-
All India Services - Indian Administrative Service Indian Police Service.
Central Services Indian Foreign Service Indian Customs.
Provincial Services Deputy Collector Sales Tax Officer.
Union Public Service Commission selects candidates for Indian Administrative Service (IAS) and Indian Police Service (IPS). The District Magistrate (Collector) of a district is the most important officer of the government in that district and is usually an officer of the IAS level.
️ Pocket Veto :-
When the President does not assent to a bill and does not return the reconsideration under Article III of the Constitution, in such a situation, he uses pocket veto.
